Since the late 1700's the military saw fit to persecute soldiers for gay acts. For 70 years they wrote hate into their military policies. For nearly 19 years our soldiers lived under a prejudiced policy known as Don't Ask, Don't Tell. On September 20, 2011 when Don't Ask, Don't Tell and other policies banning LGBT persons from the military were lifted there was much celebration. It seemed the battle was won. I long to tell you that all is well and done and that LGBT civil rights soldiers may go home. But I cannot. Not when civilians still battle their own version of Don't Ask, Don't Tell in school and at work. It would seem illogical for our military laws and our civilian laws to be incongruent, but they are. LGBT Americans are dealing with discrimination at home every day.
Discrimination of the LGBT society begins early on. During the first steps of a new generation, when our children begin to dream of a bright future, they walk across a threshold that promises to instil them with knowledge and hope. But all too often in schools, children become the victims of bullying and harassment and it is not always inflicted upon them by other children. Sometimes the aggressors are teachers, principals, school boards, or even law makers. It seems natural, common sense even, to protect the delicate innocence of our children, our future, and yet very few states have passed laws protecting our LGBT youth at school. The first kind of protection available is enumerated anti-bullying laws which protect LGBT students from harassment, yet only 17 states and Washington, DC have passed these laws. Another kind, non-discrimination laws, would protect LGBT students from discrimination within the school system, but few states have implemented them. Only 13 states, and Washington, DC, have passed non-discrimination laws protecting students based on sexual orientation as well as gender identity. Wisconsin passed a non-discrimination law protecting students based on sexual orientation but not gender identity. This alone may actually seem heartening; it makes it look as though while we are not fully protecting our youth we are at least getting there. That is, until you see the other side.
Some states have actually enacted laws that promote discrimination of our LGBT youth. Missouri and South Dakota have passed laws forbidding enumeration policies so that no measurements can be taken to stop bullying based on sexuality or gender identity. Other states have "No Promo Homo" laws which forbid teachers from addressing homosexuality or gender identity and some go so far as to force teachers to portray the LGBT community negatively. These laws are actually being upheld in 8 states. Minnesota used to be one of them, but after a rash of attempted suicides resulting in nine deaths they saw the light and killed the law choosing to protect gay youth instead. Tennessee almost passed a "Don't Say Gay" bill which had been under debate for two years and was on it's way to it's final vote before lawmakers realized it was erroneous due to the fact that their K-8 grade levels have no sexual education courses. However, they still demand that state education officials send letters to every school mandating that they not teach about homosexuality. It is terrifying to imagine what sort of environment our kids are being subjected to every day in a place where we feel they are deeply safe and protected.
Things do not get any easier for adults either. Trying to find work in a poor economy is difficult, but for those who are LGBT it can seem impossible. Only 18 states and Washington, DC have anti-discrimination laws set up to protect people based on sexual orientation and gender identification. Only 3 more protect non-heterosexuals, though they ignore Trans* persons. That leaves our lesbians, gays, bisexuals, and queers at risk in 29 states and our Trans* community at risk in 32. State lawmakers have attacked LGBT protections tooth and nail. Kansas lawmakers tried to pass a bill which would allow employers to site their religion as a reason not to follow the anti-discrimination laws in the workforce and even deny service to people who employees perceive to be gay. It was overwhelmingly supported by and passed in the House but was luckily shut down by the Senate before it could be signed by Governor Sam Brownback, who had shown support for the bill. Arizona tried a similar stunt with the Religious Freedom Restoration Act which passed in the House and Senate before being vetoed by Governor Jan Brewer. Indiana, Maine, Ohio, South Dakota, Tennessee, Georgia, Idaho, Mississippi, Missouri, and Oklahoma have all introduced similar pieces of legislature and Mississippi actually succeeded in passing their Religious Freedom Restoration Act on July 1st.
This will not end until federal laws mandate LGBT safety. Right now it is up to each individual state to decide for itself how to handle these issues and so far our states are failing miserably. There is hope, however, in federal anti-discrimination laws that would create nationwide policies to end discrimination against persons of LGBT persuasion at school and in the workforce. If passed they would trump all state and district laws, so that places like Mississippi cannot write hate into their judicial systems. There are petitions being signed to persuade our law-makers to create federal anti-bullying laws to protect our students. Also, right now ENDA, Employment Non-Discrimination Act, is in the process of becoming law to protect our LGBT community at work, though it needs help. There are too many people right now fighting against ENDA, and they use erroneous arguments to do so. One article reads that ENDA is not needed "Since businesses seldom discriminate based on sexual orientation..." I do not know about you, but I believe discrimination is wrong no matter how "seldom" is occurs.
Imagine a young child hearing their biology teacher discount their questions about homosexuals because it is not consistent with natural reproduction. Or listening to their sexual education teacher say that homosexuals spread HIV and AIDS. Imagine being called a faggot or dyke at work and having no legal precedent to take action against such harassment. Or being shaken to the core by sudden unemployment. Stories like these are more common than you expect and it is time to show the world that we will not bow down to hate any longer. Why are we allowing ourselves to be pushed into closets that are not our own? I say no more! Let your voice be heard! Fight for anti-bullying laws and the children that cannot fight for themselves. Fight for ENDA and the "enda" discrimination!
To fight for the end of discrimination in schools:
http://glsen.org/learn/policy/federal/SNDA
http://www.lambdalegal.org/publications/out-safe-respected/?kw=gay%20in%20school&gclid=CJZ_o7L68bACFVITNAodgVwitw
To fight for ENDA to end employment discrimination:
http://www.hrc.org/campaigns/employment-non-discrimination-act
http://www.transequality.org/ENDA/
Citations:
Schools Discrimination Laws (with maps) - http://glsen.org/article/state-maps
Minnesota No Promo Homo - http://www.motherjones.com/mojo/2012/02/minnesota-district-teen-suicide-problem-ends-anti-gay-policy
Tennessee Don't Say Gay - http://thenewcivilrightsmovement.com/did-tennessee-go-all-the-way-with-anti-gay-school-sex-bills/politics/2012/04/30/38724
Map of LGBT Employment Laws - http://hrc-assets.s3-website-us-east-1.amazonaws.com//files/assets/resources/statewide_employment_5-2014.pdf
Kansas Discrimination Bill - http://www.slate.com/blogs/outward/2014/02/21/kansas_anti_gay_segregation_bill_was_the_discrimination_law_a_ploy_by_gov.html
Arizona Religious Freedom Restoration Act - http://www.cnn.com/2014/02/26/politics/arizona-brewer-bill/
Full List of State Discimination Bills - http://abcnews.go.com/Politics/arizona-states-anti-gay-laws/story?id=22696419
Mississippi Religious Freedom Restoration Act - http://www.politico.com/story/2014/04/mississippi-governor-phil-bryant-signs-anti-gay-bill-105378.html
Federal Employment Non-Discrimination - http://www.eeoc.gov/facts/qanda.html
ENDA:
HRC - http://www.hrc.org/campaigns/employment-non-discrimination-act
The Bill - http://fas.org/sgp/crs/misc/R40934.pdf
Propaganda Against - http://cei.org/blog/employment-non-discrimination-act-makes-little-sense-chemotherapy-cold
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